City Council

City of Gallatin City Council Meeting August 5, 2025, 6:00 PM • Call to Order - Mayor Brown • Invocation • Pledge of Allegiance - Councilman Carter • Roll Call: Alexander - Carter - Fann - Fennell - Vice Mayor Hayes - Jones - Jouvence • Approval of Minutes City Council Minutes - July 15,2025 • Public Recognition on Agenda-Related Items • Mayor's Comments AGENDA 1. PUBLIC HEARING WHEELER ANNEXATION 6-MONTH PLAN OF SERVICE UPDATE (COUNCILMAN ALEXANDER) 2. FIRST READING ORDINANCE NO. O25Ø7-43 ORDINANCE APPROPRIATING $54,862.92 FROM REVENUE RECEIVED FROM INSURANCE FOR DAMAGED VEHICLES (COUNCILMAN JONES) 3. FIRST READING ORDINANCE NO. O25Ø7-44 ORDINANCE AWARDING BID AND AUTHORIZING FUNDS IN THE TOTAL AMOUNT OF $1,020,000.00 FROM WATER/SEWER RESERVES FOR THE WWTP CLARIFIER LAUNDER COVERS PROJECT - CONTRACT “325” (COUNCILMAN FANN) 4. FIRST READING ORDINANCE NO. O25Ø7-45 ORDINANCE APPROPRIATING $30,000.00 FROM THE OCCUPANCY TAX RESERVE TO TOURISM SPECIAL EVENTS (COUNCILMAN FENNELL) 5. RESOLUTION NO. R25Ø7-37 A RESOLUTION DECLARING THE INTENT OF THE CITY OF GALLATIN, TENNESSEE TO REIMBURSE ITSELF FOR EXPENDITURES RELATING TO PUBLIC WORKS PROJECTS WITH THE PROCEEDS OF TAX-EXEMPT BONDS OR NOTES TO BE ISSUED IN THE APPROXIMATE AMOUNT OF $1,350,000 (VICE MAYOR HAYES) August 5, 2025 City Council Meeting Agenda - Page 1 Page 1 of 50 6. RESOLUTION NO. R25Ø7-39 RESOLUTION APPROVING AN INDEMNITY AND HOLD HARMLESS AGREEMENT WITH A CERTIFICATE OF LIABILITY INSURANCE TO USE THE CITY-MAINTAINED RIGHT-OF-WAY (ONCE CONSTRUCTED AND ACCEPTED BY THE CITY) OF KENNESAW BOULEVARD AND OAKFIELD BOULEVARD IN THE PADDOCK OF KENNESAW FARMS, PHASE 2 SUBDIVISION FOR THE INSTALLATION AND MAINTENANCE OF STREET TREES. (COUNCILMAN JOUVENCE) 7. AMENDED RESOLUTION NO R25Ø7-41 RESOLUTION BY THE GALLATIN CITY COUNCIL FOR PRELIMINARY CONCEPT PLANS FOR PROJECT PHOENIX TO BE DEVELOPED BASED ON A NEW CITY HALL (VICE MAYOR HAYES) 8. RESOLUTION NO. R25Ø7-42 RESOLUTION CONFIRMING REAPPOINTMENT OF KENNETH THOMSON, JR. TO THE GALLATIN HISTORIC DISTRICT COMMISSION (COUNCILMAN CARTER) 9. RESOLUTION NO. R25Ø7-43 RESOLUTION TO AUTHORIZE THE CITY OF GALLATIN TO APPLY FOR A STATE OF TENNESSEE TOURISM MARKETING GRANT (COUNCILMAN FENNELL) 10. RESOLUTION NO. R25Ø7-44 RESOLUTION CONFIRMING REAPPOINTMENT OF RICK MURPHY TO RESOURCE AUTHORITY BOARD IN SUMNER COUNTY, TENNESSEE (COUNCILMAN FANN) 11. RESOLUTION NO. R25Ø8-47 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING FOR PROJECT PHOENIX (COUNCILMAN JONES) • Other Business • Public Recognition on Non-Agenda-Related Items • Adjourn August 5, 2025 City Council Meeting Agenda - Page 2 Page 2 of 50  The City of Gallatin City Council Meeting Tuesday, July 15, 2025 The Gallatin City Council met in regular session on Tuesday, July 15, 2025, in the Dr. J. Deotha Malone Council Chambers in Gallatin City Hall. Mayor Paige Brown called the meeting to order at 6:00 p.m. Councilman Todd Alexander led the opening prayer and the pledge of allegiance. City Recorder Connie Kittrell called the roll, and the following were present: Present: Absent: Mayor Paige Brown Vice Mayor Craig Hayes Councilman Todd Alexander Councilman Steven Carter Councilman Steve Fann Councilman Shawn Fennell Councilman Paul Jones Councilman Pascal Jouvence Department Heads and Others Present: Chuck Stuart, Building Official Mark Hall, Fire Marshall Susan High-McAuley, City Attorney Courtney Cangemi, H.R. Director Nick Tuttle, City Engineer Jennifer LeFevre, I.T. Director Brian Rose, City Planner David Brown, Parks and Rec. Director Connie Kittrell, City Recorder Don Bandy, Police Chief David Kellogg, Public Utilities Director Rachel Nichols, Finance Director Richard Depriest, Public Works Director Rosemary Bates, EDA Director Approval of Minutes Mayor Brown presented July 1, 2025, City Council minutes for approval. Councilman Fennell made motion to approve; Councilman Jones seconded. Motion carried with 7 ayes and 0 nays. Page 3 of 50 City Council Minutes July 15, 2025 Public Recognition on Agenda-Related Items Mayor Brown opened public recognition on agenda related items. With no one wishing to speak, public recognition on agenda related items was closed. Mayor’s Comments Mayor Brown announced the following events: • Mayor Brown announced the USSSA Softball Tournament at Gallatin City Parks. • July 17, 2025 – Silver Sneakers Luncheon at the Civic Center. • July 17, 2025 – Third Thursday on the Square with Southern Image performing. • July 18, 2025 – Kids’ Summer Movie Series at The Palace Theater. • July 19, 2025 – BRASS: Bike Ride Across Sumner County. • July 19, 2025 – Market Day at the Gallatin Farmer’s Market. • July 19, 2025 – 24th Annual Tennessee Glass Show and Sale at the Civic Center. • July 20, 2025 – 24th Annual Tennessee Glass Show and Sale at the Civic Center. • July 24, 2025 – Trans Am A-Rama Event with lots of events. • July 25, 2025 – Good Morning Gallatin with Mayor Joh Isbell at the Station. • July 25, 2025 – Kids’ Summer Movie Series at the Palace Theater. Agenda 1. Ordinance #O2506-37 – Second Reading Councilman Fennell presented this ordinance appropriating $451,089.12 for Connect 55 site improvements. 2 Page 4 of 50 City Council Minutes July 15, 2025 Councilman Fennell made motion to approve; Councilman Alexander seconded. Motion carried with 7 ayes and 0 nays. 2. Ordinance #O2507-41 – First Reading Councilman Carter presented this ordinance of the City of Gallatin, Sumner County, Tennessee, rezoning two lots totaling 10.18 +/- acres from the R-15 Medium Density Residential District to the MU-Mixed Use District with a Preliminary Master Development Plan for the Wedgewood Townhomes, located south of Red River Road and east of Highway 109, authorizing the revision to be indicated on the official zoning atlas; repealing conflicting ordinances; providing for severability; and providing for an effective date (Zone-2025-0116). Councilman Carter made motion to approve; Councilman Fennell seconded. Motion carried with 5 ayes and 2 nays. Councilman Jouvence and Councilman Alexander voted no. 3. Ordinance #O2507-42 – First Reading Councilman Jouvence presented this ordinance of the City of Gallatin, Sumner County, Tennessee, zoning 11.965 +/- acres to the PGC – Planned General Commercial District, 33.167 +/- acres to the MU-Mixed Use District, and 38.683 +/- acres to the R-10 PRD Medium Density Residential Planned Residential District and approval of Preliminary Master Development Plan for the Station Camp Master Plan on five parcels, totaling 83.82 +/- acres, located north of Highway 386 and west of Big Station Camp Boulevard; authorizing the revision to be indicated on the official zoning atlas; repealing conflicting ordinances; providing for severability; and providing for an effective date. (Zone-2025-0117). Councilman Jouvence made motion to discuss; Vice Mayor Hayes seconded. Motion carried with 7 ayes and 0 nays. Vice Mayor Hayes made motion to suspend the rules to allow a representative for the developer to speak; Councilman Carter seconded. Motion carried with 7 ayes and 0 nays. Kelly Hyatt with Merus of Nashville came forward to represent the developer. Council discussed the timeline of the development. 3 Page 5 of 50 City Council Minutes July 15, 2025 Councilman Fann made motion to approve; Vice Mayor Hayes seconded. Motion carried with 5 ayes and 2 nays. Councilman Jouvence and Councilman Fennell voted no. Councilman Hayes made motion to place this item on the next work session for more discussion; Councilman Carter seconded. Motion carried with 7 ayes and 0 nays. 4. Resolution #R2506-33 Councilman Carter presented this resolution of the City Council of the City of Gallatin, Sumner County, Tennessee authorizing the property owner and applicant to submit an application to annex a 5.09 +/- acre parcel (Tax Map 114, Parcel 043.00) into the City, located south of Highway 25 and east of Highway 109. Councilman Carter made motion to approve; Vice Mayor Hayes seconded. Motion carried with 6 ayes and 1 nay. Councilman Jouvence voted no. 5. Resolution #R2507-35 Councilman Fann presented this resolution authorizing the Gallatin Police Department to apply for the CSX Pride in Service Project Grant. Councilman Fann made motion to approve; Councilman Carter seconded. Motion carried with 7 ayes and 0 nays. 6. Resolution #R2507-36 Councilman Fennell presented this resolution to separate the combined position of Switchboard Operator/Records Clerk/City Reception and approve updated job descriptions. Councilman Fennell made motion to approve; Councilman Jouvence seconded. Motion carried with 7 ayes and 0 nays. 4 Page 6 of 50 City Council Minutes July 15, 2025 Other Business Mayor Brown opened other business. • Councilman Jouvence provided pictures of a construction site along Long Hollow Pike on the TV screens in the council chambers. Council discussed the dust and noise created from the construction site and possible solutions. This item was placed on the August 26th work session for more discussion. With no one else wishing to speak, Mayor Brown closed other business. Public Recognition on Non-Agenda-Related Items Mayor Brown opened public recognition on non-agenda-related items. • Gallatin Chamber of Commerce President and CEO Kim Baker spoke about Leadership Gallatin and applications currently being accepted for the next class. Ms. Baker also requested to serve liquor at the Farm to Table and Gusto Gala events planned for later this year. Councilman Fennell made motion to approve; Councilman Carter seconded. Motion carried with 5 ayes and 2 abstentions. Councilman Jouvence and Councilman Alexander abstained. Ms. Baker introduced Paul Vaughn, Event and Special Project Coordinator for the Chamber. He recently graduated from the University of Tennessee and returned to Gallatin. • Hollis Rutledge, on behalf of the NAACP, stated there will be a Health Fair on August 1st at the First Baptist Church on Winchester from 9:00 – 1:00 with many services provided. Mr. Rutledge said there will also be free school supplies available for K-8th grades. Mayor Brown shared that school supplies will also be available at the Sheriff’s Department this Saturday from 9:00 – 12:00. Mr. Rutledge stated the Gallatin Police Department will also have free Gun Locks available at this Health Fair. 5 Page 7 of 50 City Council Minutes July 15, 2025 With no one else wishing to speak, Mayor closed public recognition. Adjourn • Councilman Carter stated the First Baptist Church on East Winchester will be hosting their annual “Back to School Bash” the last Sunday of July starting at 12:30. Councilman Fennell made motion to adjourn; Councilman Carter seconded. Motion carried with 7 ayes and 0 nays. Mayor Brown adjourned the meeting at 7:00 p.m. without objection. ______________________________ ______________________________ Mayor Paige Brown City Recorder Connie Kittrell 6 Page 8 of 50  CITY COUNCIL STAFF REPORT Wheeler Property Annexation Plan of Service Update Report and Public Hearing Located south of Nichols Lane and west of Woods Ferry Rd (ANNX-2024-0037) Report date: July 9, 2025 CITY COUNCIL PUBLIC HEARING DATE: August 5, 2024 REQUEST: A REPORT HAS BEEN PREPARED PURSUANT TO T.C.A. § 6-51-108 TO UPDATE THE CITY COUNCIL AND CITY OF GALLATIN RESIDENTS ON THE PLAN OF SERVICES REGARDING RECENTLY ANNEXED PROPERTY CONSISTING OF A 17.181 +/- ACRE PARCEL (TAX MAP 135, PARCEL 033.01) LOCATED SOUTH OF NICHOLS LANE AND WEST OF WOODS FERRY ROAD. THE PROPERTY WAS ANNEXED ON FEBRUARY 4, 2025 WITH A PLAN OF SERVICES ADOPTED UNDER RESOLUTION NO. R2412-97. IN CONJUNCTION WITH THIS REPORT, A PUBLIC HEARING FOR AUGUST 5, 2025 HAS BEEN NOTICED IN THE NEWSPAPER. ACTION REQUIRED: HOLD A PUBLIC HEARING ON AUG 5, 2025 STAFF CONTACT: BRIAN ROSE, AICP SEE ATTACHED REPORT FOR THE SUBJECT PROPERTY REFERENCED ABOVE AND SHOWN BELOW ON THE MAP Page 9 of 50  6-MONTH PLAN OF SERVICE UPDATE REPORT FOR THE WHEELER PROPERTY, TAX MAP 135, PARCEL 033.01 pursuant to Tenn. Code Annotated § 6-51-102(b) A. Potable Water The Public Utilities Department indicated that existing water infrastructure is available to support the proposed annexation and development. Water lines can be extended from existing lines along Woods Ferry Road. Any expansion of water lines would be at the developer’s expense. Detailed plans and specifications for water and sanitary sewer shall be submitted to the Gallatin Public Utilities Department for review and approval. No development has occurred on the property to date, hence no expansion of water lines has occurred at this time. This will be accomplished as the property is developed. B. Sanitary Sewer The Public Utilities Department indicated that existing sanitary sewer infrastructure is available to support the proposed annexation. Sewer lines can be extended from Woods Ferry Road, to and within the property at the developer’s expense. Detailed plans and specifications for water and sanitary sewer shall be submitted to the Gallatin Public Utilities Department for review and approval. No development has occurred on the property to date, hence no expansion of sewer lines has occurred at this time. This will be accomplished as the property is developed. C. Street Construction and Maintenance Upon completion and acceptance of any public streets within the area designated for annexation, the City will maintain any proposed public rights-of-way. No existing streets were annexed as part of this annexation. There are now some approved streets per the Preliminary Master Development Plan for the Kirkpatrick Property Development – which has been amended to include this property. As streets are constructed, dedicated and accepted, they will become the responsibility of the City to maintain. D. Solid Waste and Refuse Collection Upon annexation, the City of Gallatin will begin collecting solid waste in the annexation area based on the provisions set forth in the Gallatin Municipal Code. Any future residents will also have access to city operated resource recovery programs and services. No development has occurred on the property to date, hence no request for refuse collection has occurred at this time. This will be accomplished as the property is developed. E. Planning and Zoning Services Upon annexation, the City of Gallatin will provide planning and zoning services, including zoning enforcement, to the annexation area. Planning and Zoning services were made available to the property immediately upon annexation of the property. The applicant continues to work toward obtaining all plan approvals necessary to be able to begin development of the property. The Preliminary Master Development Plan for 2 Page 10 of 50  the property has been approved and a Final Master Development Plan for Phase 1 has been submitted. F. Building Inspections and Code Enforcement Services Upon annexation, building and code inspection services will be provided by the City of Gallatin. The Building Inspections and Code Enforcement Services became available immediately upon annexation of the property. At this time, no building plan review or need for inspections has occurred. The Building/Codes division is available for any work needing to be done regarding this property. G. Fire Protection After the effective date of the annexation, the Gallatin Fire Department will provide fire protection which will be primarily served by Gallatin Fire Station #5. Upon development of the property, the developer will provide fire hydrants in the annexation area pursuant to NFPA Life Safety Standards as determined by the City’s Senior Fire Inspector. Fire Station #5 has the appropriate number of personnel and number of department vehicles to service this area. The Fire Department Services became available immediately upon annexation of the property. As the property develops, these services will begin to be used more. H. Police Protection After the effective date of the annexation, the Gallatin Police Department will provide police patrol, response to calls, and other routine police services to the property. The Police Department indicated that one additional police officer and departmental vehicle will be needed to provide service to this area. The Police Department Services became available immediately upon annexation of the property. As the property develops, these services will begin to be used more. I. Animal Control The Gallatin Police Department provides animal control services and enforces the City’s animal control ordinances. After the effective date of the annexation, these services will be available in the annexation area. Animal Control Services became available immediately upon annexation of the property. As the property develops, these services will begin to be used more. J. Recreational Facilities and Programs After the effective date of the annexation, the benefit and use of all recreational facilities and programs provided by the Parks and Recreation Department will be available to any residents of the area. Recreational facilities and programs will be provided with existing personnel, facilities, and resources. The Recreational Facilities and Programs became available immediately upon annexation of the property. As the property develops, these services will begin to be used more. K. Street Lighting and Electric Service Gallatin Department of Electricity indicated that there are facilities adjacent to the annexation area. New facilities will need to be extended from existing facilities at the 3 Page 11 of 50  developer’s expense. Electric service by GDE shall comply with service design requirements including, where required, placing service lines underground. Upon completion of any future street construction and acceptance by the City, street lighting will be provided into the annexed area as required by GDE. No development has occurred on the property to date; hence no expansion of street lighting or electrical service has occurred at this time. This will be accomplished as the property is developed. L. Gas The Gallatin Public Utilities Department provides natural gas services to residential, business, and industrial customers in the City of Gallatin and outside the City’s corporate limits. An existing gas line is located in the vicinity of the property. The Gallatin Public Utilities Department may authorize the extension of natural gas service from this existing line into the property upon development at the developer’s expense. Upon authorization to extend gas lines by Gallatin Public Utilities, the City will maintain and monitor such lines. No development has occurred on the property to date; hence no expansion of gas lines has occurred at this time. This will be accomplished as the property is developed. M. School System The City shall provide written notice to the Sumner County School System of the proposed annexation and proposed plan of development prior to the public hearing on the annexation resolution as required by Tenn. Code Annotated, Section 6-51-102(b)(2). The Sumner County School System has been made aware of the annexation. The letter was mailed on May 23, 2025. 4 Page 12 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA JULY 22, 2025 DEPARTMENT: PLANNING DEPARTMENT AGENDA # ______________________________________________________________________________ SUBJECT: A REPORT HAS BEEN PREPARED PURSUANT TO T.C.A. § 6-51-108 TO UPDATE THE CITY COUNCIL AND CITY OF GALLATIN RESIDENTS ON THE PLAN OF SERVICES REGARDING RECENTLY ANNEXED PROPERTY CONSISTING OF A 17.181 +/- ACRE PARCEL (TAX MAP 135, PARCEL 033.01) LOCATED SOUTH OF NICHOLS LANE AND WEST OF WOODS FERRY ROAD. THE PROPERTY WAS ANNEXED ON FEBRUARY 4, 2025 WITH A PLAN OF SERVICES ADOPTED UNDER RESOLUTION NO. R2412-97. IN CONJUNCTION WITH THIS REPORT, A PUBLIC HEARING FOR AUGUST 5, 2025 HAS BEEN NOTICED IN THE NEWSPAPER. SUMMARY: 6 month Plan of Service Report RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 13 of 50  ORDINANCE NO. O25Ø7-43 ORDINANCE APPROPRIATING $54,862.92 FROM REVENUE RECEIVED FROM INSURANCE FOR DAMAGED VEHICLES BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the sum of $54,862.92 is hereby appropriated from revenue received in the prior fiscal year for insurance payments on damaged police vehicles to the following account: Police Vehicles & Accessories, account #110-42110-888, $54,862.92 for vehicle replacement, BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that this Ordinance shall take effect from and after its final passage, the public welfare requiring such. PASSED FIRST READING: PASSED SECOND READING: ______________________________ MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY Page 14 of 50  ITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: POLICE AGENDA # ______________________________________________________________________________ SUBJECT: ORDINANCE NO. O2507-43 APPROPRIATING $54,862.92 FROM REVENUE RECEIVED FROM INSURANCE FOR DAMAGED VEHICLES SUMMARY: Ordinance to appropriate revenue from insurance payments on damaged vehicles for vehicle replacement. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _X_ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __X__ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 15 of 50  ORDINANCE NO. O25Ø7-44 ORDINANCE AWARDING BID AND AUTHORIZING FUNDS IN THE TOTAL AMOUNT OF $1,020,000.00 FROM WATER/SEWER RESERVES FOR THE WWTP CLARIFIER LAUNDER COVERS PROJECT - CONTRACT “325” BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the bid for the WWTP Clarifier Launder Covers project pursuant to the plans and specifications under Contract “325”, submitted by W&O Construction Company, Inc. in the amount of $882,400.00 is hereby accepted and awarded. BE IT FURTHER ORDAINED, BY THE CITY OF GALLATIN, TENNESSEE, that the total funds in the amount of $1,020,000.00 for said wastewater treatment plant improvements are authorized and appropriated from Water/Sewer Reserves. BE IT FURTHER ORDAINED, BY THE CITY OF GALLATIN, TENNESSEE, that the Mayor and Superintendent of Public Utilities are hereby authorized to execute all necessary contracts and agreements for said WWTP Clarifier Launder Covers project. BE IT FURTHER ORDAINED, BY THE CITY OF GALLATIN, TENNESSEE, that this ordinance shall take effect from and after its passage, the public welfare requiring it. PASSED FIRST READING: PASSED SECOND READING: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY Page 16 of 50 BID TABULATION JAMES C. HAILEY & COMPANY CITY OF GALLATIN Consulting Engineers CONTRACT 325 - CLARIFIER LAUNDER COVERS 360 Cool Springs Blvd., Suite 100 Franklin, TN 37067-7216 CITY OF GALLATIN 239 Hancock Street Project No. 25145 Gallatin, TN 37066 BID DATE: 06/26/2025 BID SECURITY BID BOND BID BOND BIDDER AND W & O CONSTRUCTION J CUMBY CONSTRUCTION ADDRESS 150 CONSTRUCTION DRIVE 165 W BROAD STREET LIVINGSTON, TN 38570 COOKEVILLE, TN 38501 BASE BID UNIT TOTAL UNIT TOTAL ITEM QUAN. UNIT DESCRIPTION PRICE AMOUNT PRICE AMOUNT 1 4 EA FURNISH & INSTALL LAUNDER COVER SYSTEM FOR 100' DIAMETER CLARIFIER 125,600.00 502,400.00 150,000.00 600,000.00 2 2 EA FURNISH & INSTALL LAUNDER COVER SYSTEM FOR 75' DIAMETER CLARIFIER 102,500.00 205,000.00 102,000.00 204,000.00 3 2 EA FURNISH & INSTALL LAUNDER COVER SYSTEM FOR 60' DIAMETER CLARIFIER 87,500.00 175,000.00 82,000.00 164,000.00 TOTAL BASE BID 882,400.00 968,000.00 I, Matthew R. Tucker, certify that the above Bid Tabulation reflects the actual Bids submitted with errors corrected for Contract 325 - Clarifier Launder Covers Matthew R. Tucker 7/1/2025 Page 17 of 50  JAMES C. HAILEY & COMPANY Consulting Engineers 360 Cool Springs Blvd., Suite 100 Franklin, TN 37067-7216 Telephone: 615-883-4933 Fax: 615-883-4937 June 30, 2025 Mr. David Kellogg, Superintendent City of Gallatin Department of Public Utilities 239 Hancock Street Gallatin, TN 37066 RE: Contract 325 Clarifier Launder Covers Dear Mr. Kellogg: On June 26, 2025, bids were received for the above-referenced project. A tabulation of bids is attached displaying the bids for each contractor for Contract 325. All bids were sealed with proper documentation. Based on our evaluation, we recommend that the City of Gallatin award the Contract 325 – to W & O Construction in the amount of $882,400.00. A project budget is included along with a copy of the Notice of Award for your consideration and use. If you have any questions or if we can be of assistance, please let us know. Sincerely, JAMES C. HAILEY & COMPANY Consulting Engineers Matthew R. Tucker Enclosures JCH Proj No. 25145 Page 18 of 50  GALLATIN PUBLIC UTILITIES CONTRACT 325 - CLARIFIER LAUNDER COVERS June 30, 2025 PROPOSED PROJECT BUDGET DESCRIPTION TOTAL COSTS CONSTRUCTION 882,400.00 CONSTRUCTION INSPECTION 35,000.00 ENGINEERING DESIGN 53,000.00 ENVIRONMENTAL PERMITS, TDEC FESS, ETC. 1,000.00 PROJECT CONTINGENCY 48,600.00 TOTAL ESTIMATED PROJECT COST $ 1,020,000.00 Page 19 of 50  NOTICE OF AWARD TO: W & O Construction Company, Inc. __________________________ 150 Construction Drive __________________________ Livingston, TN 38570 __________________________ PROJECT DESCRIPTION: CONSTRUCTION CONTRACT 325 – CLARIFIER LAUNDER COVERS The OWNER has considered the BID submitted by you for the above-described WORK in May response to its Advertisement to Bid dated ___________ 2025, and Information for Bidders. You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR'S Performance and Payment Bond within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said bonds within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this _____ day of _____________, 2025. _________City of Gallatin _______ OWNER BY_________________________ Title ___Mayor_________________ ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged By__________________________________ this the ___day of ______________, 2025 By__________________________________ Title_________________________________ NA - 1 Page 20 of 50  ORDINANCE NO. O25Ø7-45 ORDINANCE APPROPRIATING $30,000.00 FROM THE OCCUPANCY TAX RESERVE TO TOURISM SPECIAL EVENTS BE IT ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that the sum of $30,000.00 is hereby appropriated from the Occupancy Tax Reserve to 11047210-730 Tourism Contributions for the Music City STOL benefit concert; BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that these funds are to be used for production costs for the event, including the stage, lights, and musicians’ fees; BE IT FURTHER ORDAINED BY THE CITY OF GALLATIN, TENNESSEE, that this Ordinance shall take effect from and after its final passage, the public welfare requiring such. PASSED FIRST READING: PASSED SECOND READING: ____________________________________ MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY Page 21 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: Tourism & Marketing/Mayor's Office AGENDA # ______________________________________________________________________________ SUBJECT: Ordinance No. 2507-45 Appropriating $15,000 from the Occupany Tax Reserve to Tourism Special Events SUMMARY: Music City STOL has asked Destination Gallatin (Gallatin Tourism Department) and the Mayor's Office to fund an annual concert in conjunction with the STOL competition in October. Local event organizers requested $30,000 for items outlined in the Ordinance. Destination Gallatin and the Mayor's Office are recommending a $15,000 contribution for this year's Rock 'N STOL concert on Friday, October 10, 2025. The concert will be free to the community with requests for voluntary donations to support scholarships by BOLD Aviation for aeronautics-related education and training. Gallatin tourism and marketing coordinator Jenna Landstrom will present more information on the request, event details, and potential future collaboration. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 22 of 50  RESOLUTION NO. R25Ø7-37 A RESOLUTION DECLARING THE INTENT OF THE CITY OF GALLATIN, TENNESSEE TO REIMBURSE ITSELF FOR EXPENDITURES RELATING TO PUBLIC WORKS PROJECTS WITH THE PROCEEDS OF TAX-EXEMPT BONDS OR NOTES TO BE ISSUED IN THE APPROXIMATE AMOUNT OF $3,275,000 WHEREAS, it is the intention of the City Council (the “City Council”) of the City of Gallatin, Tennessee (the “City”) to issue bonds or notes to provide funds for (i) the construction, improvement, renovation, repair and equipping of parks and recreational facilities, and (ii) the acquisition of (a) technology equipment and related software, including cloud-based services, used for City purposes, (b) public safety equipment and vehicles, including but not limited to fire apparatus, and (c) traffic signalization systems, controls, and related equipment and installation (collectively, the “Projects”); and WHEREAS, it is anticipated that it will be necessary to make expenditures in payment of costs of the Projects prior to the issuance of said bonds or notes; and WHEREAS, the City Council wishes to state its intentions with respect to reimbursement for said expenditures in accordance with the requirements of final regulations applicable thereto promulgated by the United States Department of the Treasury. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gallatin, Tennessee, as follows: Section 1. It is reasonably expected that the City will reimburse itself for certain expenditures made by the City in connection with the Projects described above. The City intends to reimburse all such expenditures by issuing its general obligation bonds or notes. The expenditures made prior to the issuance of said bonds or notes for the Projects are expected to be paid from moneys in the City’s general fund. Debt service on such bonds is expected to be paid from the City’s general fund. Section 2. The approximate principal amount of bonds expected to be issued to finance the Projects hereinabove described is $3,275,000. Section 3. This resolution shall be placed in the minutes of the City Council and shall be made available for inspection by the general public at the office of the City Recorder. Section 4. It is the City's reasonable expectation that it will reimburse the original expenditures from the proceeds of bonds. Section 5. This resolution constitutes a declaration of official intent under Treas. Reg. §1.150-2. Page 23 of 50  Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed, and this resolution shall be in immediate effect from and after its adoption. BE IT FURTHER RESOLVED that this Resolution shall take effect from and after its final passage the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING: AYE: NAY: DATED: ___________________________________ MAYOR PAIGE BROWN ATTEST: ______________________________ CONNIE KITTRELL CITY RECORDER APPORVED AS TO FORM: _______________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY Page 24 of 50 STATE OF TENNESSEE ) COUNTY OF SUMNER ) I, Connie Kittrell, certify that I am the duly qualified and acting City Recorder of the City of Gallatin, Tennessee, and as such official I further certify that attached hereto is a copy of excerpts from the minutes of a regular meeting on August 5, 2025 of the governing body of the City; that these minutes were promptly and fully recorded and are open to public inspection; that I have compared said copy with the original minute record of said meeting in my official custody; and that said copy is a true, correct and complete transcript from said original minute record insofar as said original record relates to reimbursement for the Projects in an approximate amount of $3,275,000. WITNESS my official signature and seal of said City this _____ day of _________, 2025. _________________________________________ City Recorder (SEAL) 47756663.2 Page 25 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA 7/22/2025 DEPARTMENT: Finance AGENDA # ______________________________________________________________________________ SUBJECT: Resolution authorizing reimbursement from bond proceeds for expenses related to the Troutt Property Development and related to the Munis Software Upgrade, both of which were included in the adopted 2025-2025 budget. SUMMARY: This resolution allows the city to reimburse itself with future bond proceeds for any expenses incurred beginning now, related to the Troutt Property Development and related to the Munis Software Upgrade. The purpose is to allow these two project to move forward without having to wait for bond funding to be in place. RECOMMENDATION: Approval ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 26 of 50  RESOLUTION NO. R25Ø7-39 RESOLUTION APPROVING AN INDEMNITY AND HOLD HARMLESS AGREEMENT WITH A CERTIFICATE OF LIABILITY INSURANCE TO USE THE CITY-MAINTAINED RIGHT-OF-WAY (ONCE CONSTRUCTED AND ACCEPTED BY THE CITY) OF KENNESAW BOULEVARD AND OAKFIELD BOULEVARD IN THE PADDOCK OF KENNESAW FARMS, PHASE 2 SUBDIVISION FOR THE INSTALLATION AND MAINTENANCE OF STREET TREES. WHEREAS, Paddock Holdings, seeks approval from the Gallatin City Council to install and maintain street trees in the rights-of-way in The Paddock of Kennesaw Farms, Phase 2, and WHEREAS, on May 19, 2025, the Gallatin Municipal Planning Commission reviewed and approved a Revised Final Master Development Plan allowing for the installation of street trees provided that the developer enters into an Indemnity and Hold Harmless Agreement with the City; and NOW THEREFORE BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that the Gallatin City Council approves the Indemnity and Hold Harmless Agreement and authorizes the use of City-maintained right-of-way of Kennesaw Boulevard and Oakfield Boulevard in The Paddock of Kennesaw Farms, Phase 2, Subdivision for the installation and maintenance of street trees, upon completion and acceptance of the streets by the City, as approved by the City of Gallatin Municipal Planning Commission in Resolution No. 2025-070. All other city ordinances, rules and regulations shall be followed with respect to the installation and maintenance of the landscaping and use of the right-of-way. BE IT FURTHER RESOLVED, that this resolution shall take effect upon passage, the public welfare requiring it. IT IS SO ORDERED. AYE: NAY: DATE: __________________________________ MAYOR PAIGE BROWN ATTEST: APPROVED AS TO FORM: CONNIE KITTRELL SUSAN HIGH-MCAULEY CITY RECORDER CITY ATTORNEY Page 27 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA JULY 22, 2025 DEPARTMENT: PLANNING DEPARTMENT AGENDA # ______________________________________________________________________________ SUBJECT: Resolution No. R25Ø7-39 authorizing use of City-maintained right-of-way (once constructed and accepted by the city) with an Indemnity and Hold Harmless Agreement and a Certificate of Liability for the installation of street trees in a portion of the Paddock of Kennesaw Farms, Phase 2 Subdivision. SUMMARY: Applicant requests approval of a Resolution authorizing an Indemnity and Hold Harmless Agreement for the installation of street trees within the Kennesaw Boulevard and Oakfield Boulevard rights-of-way in a portion of the The Paddock of Kennesaw Farms, Phase 2 Subdivision (Sections 1B, 2B, 3B, 4B, and Phase 1C). On May 19, 2025, the Planning Commission approved the Revised Final Master Development Plan for The Paddock of Kennesaw Farms, Phase 2. The master plan included street trees with a Condition of Approval that the use of the right-of-way shall be approved by the City Council prior to installation. Street trees have been previously approved for the adjacent Kennesaw Farms development. The Hold Harmless Agreement and Liability Insurance for Phase 2, Sections 1B, 2B, 3B, 4B, and Phase 1C have been reviewed by the City Attorney's Office. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 28 of 50  AMENDED RESOLUTION NO. R25Ø7-41 RESOLUTION BY THE GALLATIN CITY COUNCIL FOR PRELIMINARY CONCEPT PLANS FOR PROJECT PHOENIX TO BE DEVELOPED BASED ON A NEW CITY HALL WHEREAS, due to the current space and functionality limitations of City Hall, the City retained Studio 8, an architect firm, to conduct a space needs assessment with cost estimates for building a new City Hall or renovating the current City Hall; WHEREAS, the City supports the advancement of plans and considerations for Boyle Nashville, LLC, (the “Company”) to develop Project Phoenix (the “Project”) on City-owned property; and WHEREAS, this is the next step in continuing due diligence for the Project both by the City and the Company; and WHEREAS, direction to include a new City Hall in the plans allows the Company to begin stakeholder and community meetings on the Project; and WHEREAS, including a new City Hall in the plans allows the Company to anticipate developing the Project in two phases which is beneficial to the City’s timeline and financial planning; and WHEREAS, a new location for City Hall allows for underground parking as well as greenspace and park amenities to be included in design plans for Phase 1 of the Project; and WHEREAS, based on the results of the space needs assessment and the results of the independent Economic Impact Assessment, the City has determined it is in the best interests of the City and its taxpayers to include a new City Hall in the plans for the purpose of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE that the City commits to including plans for a new City Hall for the purpose of continuing due diligence of Project Phoenix: and BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE that this resolution shall take effect on final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING: AYE: NAY: DATED: _______________________________ MAYOR PAIGE BROWN Page 29 of 50 ATTEST: APPROVED AS TO FORM: ________________________ ________________________________ CONNIE KITTRELL SUSAN HIGH-MCAULEY CITY RECORDER CITY ATTORNEY Page 30 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: EDA AGENDA # ______________________________________________________________________________ SUBJECT: Resolution No. 2507-41 Decision on City Hall SUMMARY: Attached is a Resolution reflecting a discussion at the July 8, 2025 Council Committee Meeting about the future of City Hall. The Resolution is provided in case Council decides to pursue building a new City Hall. Approval of the attached Resolution does not constitute a final decision on Project Phoenix. It does outline next steps related to Project Phoenix in the event of this Resolution's passage by City Council. Also attached are the presentation by Studio8 given at the July 8, 2025 committee meeting, a synopsis of the Economic Impact Assessment, and a preliminary concept for Project Phoenix. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ X __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Approved with amendment Page 31 of 50  RESOLUTION NO. R25Ø7-42 RESOLUTION CONFIRMING REAPPOINTMENT OF KENNETH THOMSON, JR. TO GALLATIN HISTORIC DISTRICT COMMISSION WHEREAS, Section 10.02.040.A of the Gallatin Zoning Ordinance authorizes the Mayor to appoint members to the Gallatin Historic District Commission; and WHEREAS, Kenneth Thomson has served on the Historic District Commission since January 2013; and WHEREAS, the Mayor has forwarded the reappointment of Kenneth Thomson, Jr. to continue to serve in his current role on the Historic District Commission, set to expire in January 2028; and WHEREAS, Section 10.02.040.A requires that the City Council confirm the appointment by resolution; THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that Kenneth Thomson, Jr. is confirmed as an appointee to the Gallatin Historic District Commission. IT IS SO ORDERED. AYE: NAY: DATE: __________________________________ MAYOR PAIGE BROWN ATTEST: ___________________________ CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: ____________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY Page 32 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: Mayor's Office AGENDA # ______________________________________________________________________________ SUBJECT: Resolution R2507-42 Reappointment of Ken Thomson to the Historic District Commission SUMMARY: RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 33 of 50  RESOLUTION NO. R25Ø7-43 RESOLUTION TO AUTHORIZE THE CITY OF GALLATIN TO APPLY FOR A STATE OF TENNESSEE TOURISM MARKETING GRANT WHEREAS, the City of Gallatin requests City Council approval to apply for the State of Tennessee Department of Tourist Development’s Tourism Marketing Grant to enhance the City’s tourism marketing opportunities; and WHEREAS, the cost of the grant shall not exceed $20,000.00, the State of Tennessee would provide $10,000.00, which is 50% of the total cost, and the City of Gallatin must match 50% of the cost, not to exceed $10,000.00; and WHEREAS, any services related grant to expenditure shall be contingent upon approval of the City of Gallatin's Tourism Marketing Grant Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that the City Council hereby authorizes the City of Gallatin to apply for the State of Tennessee Department of Tourist Development’s Tourism Marketing Grant; and BE IT FURTHER RESOLVED that if awarded the Tourism Marketing Grant, the City of Gallatin is committed to matching the requested funds of up to $10,000.00, which represents 50% of the total project costs; and BE IT FURTHER RESOLVED, that the City of Gallatin will make necessary allocations in the budget to fund these expenditures; and BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that this resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING: AYE: NAY: DATED: ___________________________________ MAYOR PAIGE BROWN ATTEST: APPROVED AS TO FORM: ____________________________ CONNIE KITTRELL SUSAN HIGH-MCAULEY CITY RECORDER CITY ATTORNEY Page 34 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: Tourism & Marketing AGENDA # ______________________________________________________________________________ SUBJECT: Resolution R2507-43 Resolution to Authorize the City of Gallatin to Apply for a State of Tennessee Tourism Marketing Grant SUMMARY: The City of Gallatin's tourism department, led by Jenna Landstrom, is requesting to apply for the State of Tennessee Department of Tourist Development's FY 2025-26 Tourism Marketing Grant. This grant is a reiumbursable, match-based grant. If awarded, the tourism department plans for the grant to match funds already established in the tourism department's advertising budget, so no additional funds will need to be requested. This grant will provide the tourism department to expand and create advertising and marketing efforts to increase visitiation in Gallatin. In turn, these efforts will generate increased revenue from visitors for Gallatin. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 35 of 50  RESOLUTION NO. R25Ø7-44 RESOLUTION CONFIRMING REAPPOINTMENT OF RICK MURPHY TO RESOURCE AUTHORITY IN SUMNER COUNTY, TENNESSEE WHEREAS, Chapter 198 of the Private Acts of 1979 authorizes the creation of the Resource Authority in Sumner County, Tennessee; and WHEREAS, the governing body of the City of Gallatin, Tennessee appoints two (2) directors to such Board for six (6) year terms; and, WHEREAS, Rick Murphy was appointed to the Resource Authority Board on June 23, 2023 to fill a vacant seat that expired on June 30, 2025; and, WHEREAS, the nomination of Rick Murphy for reappointment to the Resource Authority Board has been forwarded to the governing body for approval with a term expiration ending on June 30, 2031; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that Rick Murphy is hereby confirmed to complete the term ending on June 30, 2031. IT IS SO ORDERED. AYE: NAY: ABSTAIN: DATE: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: _____________________________ SUSAN HIGH-MCAULEY CITY ATTORNEY Page 36 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: Mayor's Office AGENDA # ______________________________________________________________________________ SUBJECT: Resolution R2507-44 Resolution Confirming Reappointment of Rick Murphy to Resource Authority in Sumner County, Tennessee SUMMARY: RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: Page 37 of 50  RESOLUTION NO. R25Ø8-47 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING FOR PROJECT PHOENIX WHEREAS, the City entered into a Memorandum of Understanding (MOU) on April 8, 2024, with Boyle Nashville, LLC (“Boyle”) regarding Project Phoenix; WHEREAS, the MOU may be modified by amendments agreed to by each party; NOW THEREFORE BE IT RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that the Mayor is hereby authorized to sign the Amended and Restated Memorandum of Understanding (Project Phoenix) attached hereto. BE IT FURTHER RESOLVED BY THE CITY OF GALLATIN, TENNESSEE, that this Resolution shall take effect from and after its final passage, the public welfare requiring such. IT IS SO ORDERED. PRESENT AND VOTING: AYE: NAY: DATED: MAYOR PAIGE BROWN ATTEST: CONNIE KITTRELL CITY RECORDER APPROVED AS TO FORM: SUSAN HIGH-MCAULEY CITY ATTORNEY Page 38 of 50  AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (PROJECT PHOENIX) THIS AMENDED AND RESTATED MEMORANDUM OF UNDERSTANDING (this “Agreement”) is made and entered into as of this _____ day of ____________, 2025 (the “Effective Date”), by and among BOYLE NASHVILLE, LLC., a Tennessee Limited Liability Company (the “Company”), THE INDUSTRIAL DEVELOPMENT BOARD OF CITY OF GALLATIN (“IDB”), and CITY OF GALLATIN, TENNESSEE (“City”) (the IDB and City are hereinafter sometimes collectively referred to as “Governmental Parties”). PREAMBLE WHEREAS, Company and the Governmental Parties entered into a certain Memorandum of Understanding, dated April 8, 2024, as amended (the “Original MOU”), which the parties desire to amend and restate in its entirety pursuant hereto; and WHEREAS, City is continuing to consider conveying a portion of the real property identified on the Sumner County Tax Maps as Map and Parcel Nos. 126C G 01400 000 and 126C B 01200 000, depicted as the cross-hatched property on Exhibit A attached hereto (the “Property”), to the IDB, which shall enable the IDB to induce the Company to undertake the due diligence to make a proposal for the acquisition of absolute fee simple title to the Property from the IDB and the development thereof in two contemporaneous or consecutive phases into a Hotel (as defined in Section 3(d) hereinbelow, commercial office and possible retail facilities (the “Commercial Facilities”), and not less than 150 nor more than 300 residential condominium or apartment units (the “Residences”), with the Hotel, Commercial Facilities and Residences to each be wrapped around multi-story parking garage(s) or with the garage(s) being located below grade serving City Hall, the Hotel, the Commercial Facilities, the Residences and the public as needed or alternatively surface parking on Block B (the “Garage(s)”) (such facilities being collectively, the “Project”), a preliminary depiction of which is attached hereto as Exhibit B; and WHEREAS, in the event that the parties decide to proceed with the Project, City shall build a new City Hall at its cost and expense on the remaining portion of Tax Map and Parcel No. 126C G 01400 000 that is not included in the Property, and complete its relocation of the fire station on the Property, which is currently in process, and a police station on Block B after Company and City agree upon a timeline for development of Block B; and WHEREAS, in the event that the parties decide to proceed with the Project, City, the IDB and the Company anticipate entering into one or more definitive agreements setting forth certain agreements and representations among the parties with respect to the development of the Project (the “Project Agreement”); and WHEREAS, the parties hereto desire to enter into this Agreement in order to, among other things, summarize certain agreements and representations made by the Governmental Parties to the Company in their effort to encourage and induce the Company so that the Company may 4929-7119-1894.4 -1- Page 39 of 50 undertake the due diligence that is necessary and appropriate to make determinations whether the Project is feasible and to provide sufficient information, designs and other agreements to be set forth in the Project Agreement if the parties decide to proceed with the Project; and WHEREAS, the Governmental Parties acknowledge that the developer of the Project will establish a special purpose entity or entities for ownership of the Commercial Facilities and Residences and that the Company may assign directly to a hotel developer the right to acquire the proposed site for the Hotel. NOW, THEREFORE, in consideration of the premises, promises and mutual agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties hereto, it is hereby agreed as follows: 1. Preamble. The preamble and the definitions set forth therein are incorporated herein by reference. This Agreement hereby amends and restates the Original MOU in its entirety and replaces the same. 2. Representations and Warranties. (a) The Governmental Parties represent and warrant to the Company that each have the power and authority to execute, deliver and perform this Agreement and have taken all requisite action necessary to authorize the execution delivery and performance of their respective obligations under this Agreement. (b) The Company represents and warrants to the Governmental Parties that it has the power and authority to execute, deliver and perform this Agreement and has taken all requisite action necessary to authorize the execution delivery and performance of its obligations under this Agreement. 3. Milestones. (a) Property. The Company has obtained surveys of the Property (the “Survey”), prepared by Ragan Smith, dated June 12, 2024 and June 13, 2024, and the legal description of the Property, as described thereon is approved by the parties hereto. (b) Pursuit Budget. City has approved a project pursuit budget (the “Pursuit Budget”), setting forth the costs that may be incurred by Company for the matters undertaken pursuant to this Section 3 that may be subject to reimbursement by City as provided herein, by Resolution No. R2406-50, which is incorporated herein by reference. (c) Access. The Company and its employees and agents shall have the right and permission to enter upon the Property or any part thereof at all reasonable times and from time to time for the purpose, at Company’s cost and expense, of performing this Agreement while it is in effect. Except for the mere discovery of existing defects or conditions affecting the Property, Company agrees to defend, indemnify and hold Governmental Parties harmless from and against any and all liabilities, losses, liens, claims, costs and expenses (including experts’ fees and 4929-7119-1894.4 -2- Page 40 of 50 attorneys’ fees and costs), arising from or relating to any acts, negligence or misconduct of Company or any of its agents, employees, contractors or representatives occurring on or about the Property prior to the Closing due to the inspections or other activities conducted by or on behalf of Company at the Property. The foregoing indemnity shall survive the closing under the Project Agreement or termination of this Agreement. Company shall not conduct any further environmental investigations of the Property. (d) Hotel. Company has provided the Governmental Parties with a written preliminary indication of interest by a major hotel chain acceptable to all parties that the Hotel containing not less than 80 rooms is feasible and that will be comparable in design, quality, services and amenities to at least an Upscale Chain according to Smith Travel Resources Chain Scales – North America and Caribbean (the “Hotel”). (e) Design. City shall adopt a resolution determining whether it will commit to relocate City Hall onto another section of Block A as depicted on Exhibit A (“Block A”) by September 1, 2025, and if City commits to do so, then Company shall within thirty (30) days thereafter contract with its design consultants to assist in preparation of preliminary development plans for the Project, and by November 11, 2025, Company shall have one or more meetings with the local community stakeholders and a work session with City Council to discuss and obtain feedback about the concepts for the Project. The final proposed development plans (the “Development Plans”) shall include at least a proposed site plan, conceptual design of the Project and elevation recommendations, stacking plan, phasing plan and construction schedule for approval by City, together with a request for any governmental zoning changes necessary or appropriate for the Project, a Project budget and a financing plan, and shall be submitted to the City by March 6, 2026. In the event that (i) City does not adopt a resolution committing to relocate City Hall on Block A by September 1, 2025, or (ii) the City does not pass a resolution approving continuing the pursuit of the Project in accordance with the Development Plans within thirty (30) days after the Company’s submission thereof, as the same may be extended by written agreement of all parties, then any party may terminate this Agreement by written notice to all of the other parties and this Agreement shall then be of no further force and effect, except that City shall reimburse the Company for the Reimbursement Amount paid or incurred to date by the Company for Reimbursable Costs (as such terms are defined in Section 4), payable within thirty (30) days of a written request by the Company accompanied by reasonable documentation of the expenses and the payment thereof. (f) Exclusivity. The Governmental Parties agree not to solicit or consider any Development Plans, or any component thereof, from any third party for the Project prior to April 6, 2026, unless this Agreement has been terminated as provided herein. (g) Studies and Materials. If this Agreement is terminated and the parties do not enter into the Project Agreement, the Company shall provide all of its due diligence and inspection reports and studies and Development Plans to City. If this Agreement is terminated due to the Governmental Parties’ refusal to approve the Development Plans under (d), then the Governmental Parties shall not be entitled to and shall not use the Development Plans with respect to the 4929-7119-1894.4 -3- Page 41 of 50 applicable portion of the Project that was disapproved in the event that they later proceed with such portion of the Project. 4. Project Agreement. It is anticipated that, in addition to any other matters that City and the Company may agree upon, the Project Agreement shall provide the following: (a) The parking garage to be located on Block A of the Property (the “City Garage”), shall be made available to the Company as may be required for parking for the Hotel and Residences, and shall be made available to City as may be required for parking for City Hall or other public parking needs, as necessary, and the Project Agreement shall set forth the terms related to the garage for usage, ownership, construction and management. (b) Confirmation of the details of the size and identity of the operator and flag of the Hotel, if permitted by the Hotel operator, or so much other information as the City may reasonably request to confirm that the Hotel is being developed. (c) Pursuant to the Project Agreement, the City will retain reasonable approval rights over certain aspects of the design of the Project, and will provide the Company with reasonable approval rights over the same. (d) The Project Agreement and any amendment thereto from time to time shall be subject to the approval of City before the IDB may execute the same. (e) City agrees to use reasonable efforts to diligently address any and all zoning approvals and building and site related permits required with respect to the Project, to the extent permissible under applicable law. (f) In the event that all of the parties do not enter into the Project Agreement on or before April 6, 2026, as the same may be extended by written agreement of all parties, then any party may terminate this Agreement by written notice to all of the other parties and this Agreement shall be of no further force and effect, except that City shall reimburse the Company for the Reimbursement Amount paid or incurred to date by the Company for Reimbursable Costs, payable within thirty (30) days of a written request by the Company accompanied by reasonable documentation of the expenses and the payment thereof. The “Reimbursement Amount” means the lesser of (x) fifty percent (50%) of the bona fide costs paid or incurred to date by the Company to third parties pursuant to and in accordance with the Pursuit Budget for the matters undertaken pursuant to Section 3 (the “Reimbursable Costs”), or (y) Fifty Thousand and 00/100 Dollars ($50,000.00), payable within thirty (30) days of a written request by the Company accompanied by reasonable documentation of such expenses and the payment thereof. 5. Miscellaneous. (a) References to approval by City shall mean the approval by the governing body of City. 4929-7119-1894.4 -4- Page 42 of 50  (b) References to approval by the IDB shall mean the approval by its Chair or such other person(s) as the governing body of the IDB may designate. (c) Each party hereto agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent and purpose of this Agreement. Unless otherwise expressly stated, the approvals or consents to be sought or given hereunder shall not be unreasonably withheld, qualified or delayed. (d) The dates for the required performance of any party hereunder shall be extended by any causes that are extraordinary and beyond the control of the Party required to perform (“Force Majeure”), such as, but not limited to, a significant weather or geological event or other act of God, civil or military disturbance, labor or material shortage, pandemic, epidemic, or work stoppages required by governmental authorities, or acts of terrorism. Changes in market conditions shall not be considered Force Majeure events nor shall any event of Force Majeure delay or extend any obligation of any party hereto to pay any amount of money required hereunder. Subject to the foregoing provisions of this subsection, time is of the essence with respect to each and every provision of this Agreement and the performance required by each party hereto. (e) This Agreement shall not create any third-party beneficiary rights to any person or entity who is not a party to this Agreement. (f) In the event any party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to reasonable damages, determined by the court sitting without a jury. Each party hereto hereby waives the right to a trial by jury in any such action. (g) It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of another party for any purpose whatsoever. (h) The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of any provision of this Agreement. (i) In computing any period of time under this Agreement the date of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so completed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. The time for performance of any obligation or taking any action under this Agreement shall be deemed to expire at 5:00 p.m. (local time) on the last day of the applicable time period provided herein. (j) This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting the 4929-7119-1894.4 -5- Page 43 of 50 Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. (k) This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of each party. (l) This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. (m) This Agreement may be executed in one or more counterparts, all of which, when aggregated, shall constitute the entire Agreement. 4929-7119-1894.4 -6- Page 44 of 50  IN WITNESS WHEREOF, this Agreement has been entered into as of the day and date first above written. COMPANY: BOYLE NASHVILLE, LLC. By: Name: Title: IDB: THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF GALLATIN By: Name: Title: Chairman CITY: CITY OF GALLATIN, TENNESSEE By: Name: Title: 4929-7119-1894.4 -7- Page 45 of 50  EXHIBIT A DEPICTION OF THE PROPERTY [See Attached] Page 46 of 50 Page 47 of 50  EXHIBIT B DEPICTION OF THE PROJECT [See Attached] Page 48 of 50 Page 49 of 50  CITY OF GALLATIN COUNCIL COMMITTEE AGENDA July 22, 2025 DEPARTMENT: EDA AGENDA # ______________________________________________________________________________ SUBJECT: Amended and Revised Memorandum of Understanding for Project Phoenix SUMMARY: See attached amended and restated Memorandum of Understanding for Project Phoenix. Once approved at Council Committee Meeting, a Resolution will be created and attached for the next Council Meeting following Committee approval. RECOMMENDATION: ATTACHMENT: _ _ Resolution _ _ Correspondence _ _ Bid Tabulation _ _ Ordinance _ _ Contract _ _ Other ________________________________________________________________________ Approved __ __ Rejected __ __ Deferred __ __ ________________________________________________________________________ Notes: MOU presented for August 5, 2025 Council Meeting reflects revisions based on Council discussions at the July 22, 2025 Council Committee Meeting Page 50 of 50